81-161.

(1) All purchases, leases,
or contracts which by law are required to be based on competitive bids shall
be made to the lowest responsible bidder, taking into consideration the best
interests of the state, the quality or performance of the personal property
proposed to be supplied, its conformity with specifications, the purposes
for which required, and the times of delivery. In determining the lowest responsible
bidder, in addition to price, the following elements shall be given consideration:

(a) The ability, capacity,
and skill of the bidder to perform the contract required;

(b) The character, integrity,
reputation, judgment, experience, and efficiency of the bidder;

(c) Whether the bidder can
perform the contract within the time specified;

(d) The quality of performance
of previous contracts;

(e) The previous and existing
compliance by the bidder with laws relating to the contract;

(f) The life-cycle costs of
the personal property in relation to the purchase price and specific use of
the item;

(g) The performance of the
personal property, taking into consideration any commonly accepted tests and
standards of product usability and user requirements;

(h) Energy efficiency ratio
as stated by the bidder for alternative choices of appliances or equipment;

(i) The information furnished
by each bidder concerning life-cycle costs between alternatives for all classes
of equipment, evidence of expected life, repair and maintenance costs, and
energy consumption on a per-year basis;

(j) The results of the United
States Environmental Protection Agency tests on fleet performance of motor
vehicles. Each bidder shall furnish information relating to such results;
and

(k) Such other information
as may be secured having a bearing on the decision to award the contract.

(2) Any appliance purchased
or leased pursuant to this section shall be energy star certified, except
that the materiel administrator may exempt the purchase or lease of an appliance
from this subsection if he or she determines that the cost of compliance would
exceed the projected energy cost savings.

(3) All political subdivisions
may follow the procurement principles set forth in this section if they are
deemed applicable by the official authorized to make purchases for such political
subdivision.

(4) For purposes of this
section, energy star certified means approval of energy usage by the United
States Environmental Protection Agency and the United States Department of
Energy. Such approval may be signified by the display of the energy star label.